Barrister Profile
EMMA MCILVEEN
Year of Call: 2016
Main Areas of Practice
Administrative Law or Judicial Review
Employment Law
Personal Injury
Probate
Biography
Emma has a varied civil practice and has appeared before a range of courts and tribunals. She is qualified to practice in Northern Ireland, the Republic of Ireland and GB and has experience of disputes with cross border elements.
Employment, Discrimination & Equality Law
Emma is regularly instructed by Claimants and Respondents across the full spectrum of employment law. She has expertise in complex discrimination, equal pay, and whistleblowing. She is the current Vice Chair of the Employment Lawyers Group in Northern Ireland and publishes a monthly newsletter known as McIlveen on Employment. Outside of the Tribunal, Emma is also regularly instructed in employment related civil litigation as well as other cases which involve elements of discrimination and unfair treatment. She has experience of church disputes and advising charities. Emma also has a keen interest in sports law and has represented several Irish League clubs.
Judicial review
Emma has been instructed in judicial reviews for applicants and respondents. She has particular experience and interest in cases involving children with special educational needs, healthcare and disabled applicants. Emma also serves on the committee of the Public Law Bar Association.
Trusts and Estates
Emma is an affiliate member of the Society of Trust and Estate Practitioners (STEP). She has successfully completed the Advanced Certificate in Advising the Family Business and is currently working towards obtaining the STEP Diploma. She has a particular interest in cases which involve capacity issues and/or exploitation of vulnerable individuals.
Qualifications
Appointments
Chair of Appeals Committee for Irish Football Association
Member of the Football Association’s National Serious Case Panel
Professional Memberships and awards
Government Legal Service Civil Counsel Panel (B Panel)
Coroners Service Counsel Panel (C Panel)
JPB Maxwell Scholarship 2016
Committees
Vice Chair of Employment Lawyers Group NI
Treasurer of The Northern Ireland Medico Legal Society
Secretary of The Immigration Bar Association
Member of Public Bar Association Committee
Specialist Training
Accredited Mediator, Mediation Forum Ireland
Vulnerable Witness Training, Institute of Professional Legal Studies
Affiliate member of The Society of Trust and Estate Practitioners (STEP)
Professional Qualifications
LL.B. Law with Politics with First Class Honours, Queen’s University, Belfast (Ranked 1st in Class)
Kennedy Scholar, Harvard University
Postgraduate Diploma in Professional Legal Studies with Distinction (Ranked 1st in Class)
2016: Call to Bar of NI
2016: Call to New York Bar
2019: Call to Bar of Ireland
2020: Call to Bar of England & Wales
Experience
A selection of published cases
SUPREME COURT
In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland) [2018] UKSC 27:Represented Department of Health in challenge to Northern Ireland’s abortion laws
JUDICIAL REVIEW
Smyth, Re Application for Judicial Review [2018] NICA 25: Represented the Attorney General in a challenge regarding the recognition of humanist marriages in Northern Ireland
JR76, Re Judicial Review [2019] NIQB 103: Represented the Attorney General in a challenge to the decision of the PPS to prosecute a mother for procuring abortion pills online
Li, Re Judicial Review [2019] NIQB 99 (2 December 2019): Represented Applicant who challenged a decision of the Secretary of State to remove him from the United Kingdom.
The Northern Ireland Human Rights Commission (abortion services) [2021] NIQB 91: Instructed on behalf of the Department of Health in a case concerning the provision of abortion services in Northern Ireland.
Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin) - Represented Heidi Crowter in respect of her challenge against law which
permits abortion of children with Down’s Syndrome until birth (GB case)
SPUC Pro-life Ltd, Re Application for Judicial Review [2022] NIQB 9 (08 February 2022)- Instructed on behalf of the Minister of Health in a case which concerned the provision of abortion services in Northern Ireland
EMPLOYMENT TRIBUNAL
Gruzdaite v McGranes Nurseries Ltd 17421/18IT- Successfully represented woman who was unfairly dismissed because of her pregnancy.
Rice v Dignity Funerals Limited [2017] NIIT 02651/16IT- Made application to enable the Claimant to rely upon material obtained as a result of a covert recording. Respondent alleged this material was “without prejudice”. The Tribunal disagreed and admitted the material into evidence
Wahab v Four Seasons (No7) Limited (Discrimination - Race Breach of Contract Unfair Dismissal Other) [2021] NIIT 24540_19IT (18 November 2021)- Successfully defended a claim of race discrimination on behalf of a Respondent
McEldowney v Randox Farming Limited trading… (Breach of Contract Unfair Dismissal) [2021] NIIT 17412_18IT (26 March 2021)- Successfully represented Claimant in unfair dismissal case. First case in Northern Ireland where Tribunal appointed a Registered Intermediatory to assist the Claimant as a reasonable adjustment for hearing
Lendrum v Northern Excavators Ltd & Ors NIIT/2019/01863_18IT (04 April 2019): Successfully made an application to allow Claimant to amend his claim form and extend time
Percy v Lenelea Electronics Ltd (Discrimination - Age Discrimination - Disability Discrimination - Sex Unfair Dismissal) [2021] NIIT/2021/06347_20IT: Successfully defended company facing allegations of age & disability discrimination
SENDIST
Represented parents of child with Down’s Syndrome who alleged disability discrimination before Special Educational Needs and Disability Tribunal. Case report can be assessed here